5K 461 
.05 
1911 
Copy 1 



WEST VIRGINIA 
E^OREST, GrAME AND 

Fish Laws 

ANTy THE 

LACY BIRD LAW 

(FEDERAL LAW) 



1911 



J. A. VIQUESNEY, Warden 

BELINGTON. 



WEST VIRGINIA. i%w»^ 

Forest, Game and 
Fish Laws 

AISD THE 

LACY BIRD LAAV 

(FEDERAIL. LAW) 
1911 



J. A. VIQUESNEY, Warden 

BET^INQTON. 




Charleston, W. Va 

UNION PUBLISHING COMPANT 






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FOREST. GAME AND EISH 
LAWS. 



Sec. 

1. Forest, game and fish warden; term of office; 

compensation ; report of mileage ; deputy 
wardens, their compensation ; ex-officio dep- 
uty wardens, their jurisdiction and compen- 
sation. 

2. To have charge of certain public matters and 

powers therefor; biennial report to gov- 
ernor. 

3. Authority and duties of chief deputy and dep- 

uty wardens; penalty for violation of cer- 
tain acts. 

4. Power to arrest for violations ; penalty for neg- 

lect of duty. 

5. Seizure of fish game or birds. 

G. Bonds required from certain officers. 
Ga. Depositing matter in stream deleterious to prop- 
agation of fish ; penalty. 

7. Regarding dogs; any person may kill; when. 

8. Regarding dogs ; Avhen owner or keeper is lia- 

ble; to recover in action before any justice 
or court; penalty for harboring or secreting 
certain dogs. 

9. Regarding dogs; when owner to cause certain 

dogs to be killed; penalty for failure to 
do so. 

9a-l. Duty of assessor. 

9a-2. County court to levy per capita tax. 

9a-3. Per capita tax; how collected, commission al- 
lowed sheriff. 

9a-4. Court to cause list of persons failing to pay; 
duty to constables. 

9a-5. Complaint before justice; appraisers to be 
appointed; report to whom. 

9a-6. Sheriff to report to county court, when. 

9a-7. Appraisers not to certify appraisment, when. 

9a-8. Dogs deemed property, when. 

9a-9. Penalty for concealing dog to avoid tax. 

10. Stationery and postage ; how provided ; how 

paid for. 

11. May employ attorney to aid in prosecutions. 



4 Forest, Game and Fish Laws 

Sec. 

12. Powers to search persons, cars, etc. 

13. Court of justice shall issue search warrant; 

sale of goods seized; disposition of proceeds 
of sale. 

14. Right to summon aid in making arrest: penalty 

for refusal to act ; arrest on Sunday. 

15. Report of deputy wardens; ex-oficio wardens; 

justices; when made. 

16. Penalty for false return as to moneys collected. 

17. Penalty for interference with wardens. 

18. Title to wild game, etc., in state. 

19. License to hunt; how procured; license fees; 

to whom paid ; penalty for failure to produce 
license ; owners of land may exchange hunting 
privileges; consent of guardain required for 
minors; penalties for violations of ^section. 

20. Protection of skunk; penalty; prosecutions; 

power of justices; presumption of guilt. 

21. Penalty for transfer or sale of license. 

22. Closed season; open season. 

23. Game animals; what are considered. 

24. When unlawful to have in possession; when 

lawful 

25. Deer; when to kill; shall not chase with dogs; 

penalties for transportation of game beyond 
limits of state. 

26. Season for killing certain animals and birds; 

number allowed killed; unlawful to trap, 
snare, etc. ; penalty for violation of section ; 
may capture for purpose of propagation. 

27. Unlawful to catch by seine, trap, etc. 

28. Unlawful to hunt, kill or pursue on Sunday; 

penalty for violations. 

29. Prosecutions to be in name of state; fee al- 

lowed prosecuting attorney. 

30. Witnesses; when incompetent. 

31. Moneys collected for violations; how disposed of. 

32. Requisition and extradition expenses. 

33. What considered game birds. 

34. Destruction of eggs and nests. 

35. Shall not transport. 

36. Penalty for violations sections 33, 34, 35. 

37. Right to take birds, etc., for scientific purposes. 

38. Certificate to collect birds, etc. ; to and by 

whom issued; how secured; fee to be paid; 
penalty for violations. 

39. Certificate; when expires; not transferable. 

40. Birds not protected. 

41. Wild non-game birds as domestic pets. 

42. Accidental shooting of human being or live 

stock; penalty for. 

43. No open season for certain birds; penalty for 

violation of section. 



I 



OP West Virginia. 5 

Sec. 

44. Fish; how to catch; where can seine; when; 

registry of seines; length of fish caught; how 
to measure; certain season in certain coun- 
ties ; lawful to catch suckers ; owners may 
take from private pond ; letting water out of 
pond; penalty therefor; erection of trespass 
signs ; penalty for violation of provisions of 
section. 

45. Lawful to destroy nets, traps, etc. ; unlawful 

to have seines in possession; penalty provided; 
obstruction of water course ; construction of 
ladder under supervision ; violation of pro- 
visions; time limit construction of ladder or 
way. 

46. Unlawful to employ for purpose of killing; 

serving by hotel; penalty. 

47. Use of dynamite, etc., penalty. 

48. Unlawful to sell explosives for purpose of kill- 

ing; penalty therefor. 

49. Unlawful to build fires in connection with 

whom; penalty for violation; owner et al 
may arrest. 

50. Unlawful to shoot across public road; near 

school house ; on lands of another ; near oc- 
cupied dwelling house ; penalty. 

51. Warden shall be ex-oihcio fire warden; deputies 

to extinguish fires; means used; may hire 
volunteers ; forfeit for refusal to serve ; report 
origin of fire; amount expended putting out. 

52. Deputy wardens; compensation of; services at 

forest fires ; court to fix wage ; charge against 
county ; statement of deputy to county court. 

53. Fires built in forest; failure to extinguish; 

penalty for violation ; willful firing of woods ; 
penalty. 

54. Railroad right-of-way ; removal of inflamable 

materials; when; shall provide spark arrest- 
ers ; prevent escape of fire from furnace ; shall 
not deposit ashes on tracks or right of way; 
trainmen to report fires; to whom; violation 
of provisions by employee; penalty. 

55. Warden to recover damages ; no bar to right of 

individuals to recover. 

Sec. ]. The governor shall between the 
first day of June and the first day of July, 
one thousand nine hundred and nine, appoint 
some person, a citizen of this state, whose term 
of office shall begin on the first day of July, 
one thousand nine hundred and nine, to the 



6 Forest, Game and Fish Laws 

ofl&ce of forest, game and fish warden. Said 
warden shall hold this office for four years 
and until his successor has been appointed 
and qualified, unless sooner removed for cause 
by the governor. He shall receive for his ser- 
vices the sum of eighteen hundred dollars 
per annum, to be paid out of the treasury, 
quarterly, after being duly audited; and shall 
be allowed mileage of three cents a mile while 
traveling by railroad or steamboat, and ten 
cents a mile Avhile traveling otherwise than by 
railroad or steamboat, for the distance neces- 
sarily traveled while actually in the discharge 
of his official duties as such warden. Provid- 
ed, hotvever, that the mileage expenses of said 
warden shall be reported quarterly under oath 
to the governor and approved by him; and 
provided, further, that such mileage expenses 
shall not, in any one year exceed five hundred 
dollars. Said warden shall devote all of his 
tim.e to the discharge of the duties of his office, 
imposed upon him by law. Said warden shall 
appoint two persons who are citizens of this 
state and one of whom shall reside in the 
eastern section of the state, chief deputy war- 
dens of forest, game and fish, said chief depu- 
ties shall hold their office at the pleasure of 
the warden appointing them. Said chief dep- 
uties shall each receive for their services the 
sum of nine hundred dollars a year, to be paid 
out of the treasury quarterly >after being 
duly audited, and shall be allowed mileage of 
three cents a mile while traveling by railroad 



OF West Virginia. 7 

or steamboat, and ten cents a mile while trav- 
eling otherwise than by railroad or steamboat 
for the distance traveled for the purpose of 
performing the duties imposed upon them by 
laAv, and they shall devote all their time there- 
to, such mileage expenses of either of said chief 
deputies shall be reported quarterly under oath 
to the warden and approved by him, and for- 
Avarded to the governor and approved by him; 
provided, however, that said mileage in any 
one year shall not exceed four hundred dol- 
lars to each chief deputy warden. The war- 
den shall appoint such persons as he may deem 
fit, who are citirens of this state, to act as 
deputy Avardens in the several counties of this 
state. Said deputy wardens shall hold their 
office at the pleasure of the forest, game and 
fish warden. The sheriffs, deputy sheriffs and 
constables in the several counties of this state 
shall be ex-officio deputy wardens therein, 
and the chiefs of police of the cities, towns 
and villages of this state shall also be ex-officio 
deputy wardens therein and their jurisdiction 
shall extend no further than their respective 
counties, cities, towns and villages. All said 
deputy wardens, either appointed or ex-officio, 
shall receive for their services one-half of the 
fines imposed by any justice or court having 
jurisdiction, and collected in each prosecution, 
instituted by any such deputy warden, and 
the other half of such fine shall be paid to 
forest, game and fish warden, Avho shall pay 
the same over to the treasurer of the state 



8 Forest, Game and Fish Laws 

to be credited by him as other fines are cred- 
ited; but no fees or moneys shall be paid any 
deputy for services rendered as such deputy 
warden, out of the treasury of this state, and 
in any prosecution under this chapter, section 
two of chapter thirty-six of the Code of 1899 
and section 1159 of the Code of 1906, shall 
not apply to any warden. 

Sec. 2. The forest, game and fish warden 
shall have general charge of the following 
public matters, and necessary powers there- 
for. The collection and diffusion of such 
statistics, literatures and information as he 
may deem useful in regard to the protection 
of forests and the protection and propagation 
of game and fish, the publishing thereof, and 
the taking charge of and keeping all reports, 
books, papers and documents which shall, in 
the discharge of his duties hereunder, come in- 
to his possession and control, and the insti- 
tution of all proper legal proceedings to en- 
force the provisions of law, now in force, or 
hereafter enacted, in reference to forest, game 
and fish. Said warden shall, on or before 
the first day of January, 1911, and biennially 
thereafter, submit to the governor, a detailed 
report showing what has been done by him 
during the preceding biennial period, the! , 
amount of all moneys received by him and» 
from what sources, in detail, a complete inven- 
tory of all game and other property sei2edjj 
and sold and the amount received therefor 
and the amount of disbursements in detail. 



I 



OF West Virginia. 9 

The books and vouchers of said warden shall 
be subject to examination by the auditor of 
the state at all times. 

Sec. 3. The chief deputy and deputy war- 
dens shall act and be under the the direction 
and supervision of said forest, game and fish 
warden. Said chief deputy and deputy war- 
dens shall have authority, and it shall Le 
their duty, to enforce the game, fish and forest 
laws of this state, now in force or hereafter 
enacted, for the protection of forests and 
protection, preservation of game, fish and 
birds, and shall be immediately responsible 
to the warden, and shall report all matters 
under their jurisdiction whenever requested by 
him and receive instructions from him. It 
shall be unlawful for any deputy warden, either 
appointed or ex-otficio, to settle, compromise 
or adjust any prosecution under this chapter 
and to receive moneys from any violator or 
alleged violator of any of the provisions there- 
of, unless the same are moneys received in 
the payment of fines imposed in due process 
of law by a justice or court having jurisdic- 
tion of the offence charged, and if any such 
deputy warden shall receive any moneys from 
any such violator or alleged violator, either as 
such settlement and compromise or to prevent 
any prosecution therefor, such deputy warden 
shall be guilty of a felony and upon conviction 
thereof, shall be confined in the penitentiary 
not less than one nor more than five years. 

Sec. 4. The forest, game and fish warden. 



10 Forest, Game and Fish Laws 

• 

and appointed deputy wardens shall have 
full power to execute and serve any warrant 
or proces of law, issued by any justice of the 
peace or by any court having jurisdiction un- 
der the law, relating to game, fish, birds and 
forests in the same manner as any constable 
or sheriff might serve or execute such process, 
and may arrest on sight without a warrant, 
any person or persons, detected by them actual- 
ly violating any of the provisions of the laws 
of this state relating to the game, fish, birds 
and forests, and may take such person or per- 
sons, so offending, before any court, or justice 
of the peace, having jurisdiction of the offense, 
and make proper complaint before such court, 
or justice, which shall proceed with the case 
in the manner as provided by law. Any such 
appointed warden, who on receiving informa- 
tion from a reliable person, of the violation 
of the game, fish, or forest laws, neglects or 
refuses to thoroughly investigate such allged 
violation, and apprehend or attempt to ap- 
prehend the offender, shall be guilty of a 
misdemeanor and upon conviction thereof, shall 
be fined not less than ten dollars nor more 
than fifty dollars for each offense. 

Sec. 5. The warden and deputy wardens 
shall sei?e and take possession of, on sight and 
without process, any fish, game or birds found 
in the possession of any person or persons, or 
corporation which is so in possession contrary 
to law. 

Sec. C. The forest, game and fish warden 



OP West Virginia. 11 

and the chief deputy wardens shall each before 
entering upon the discharge of theirrespective 
duties, execute a bond, the warden in the pen- 
alty of three thousand dollars and the chief 
deputies in the penalty of one thousand dol- 
lars with security therein to be apj^roved by 
the governor, and conditioned for the faithful 
performance of their duties, and to account 
for and pay over all moneys and property 
coming into their hands, due and belonging 
to the state, which said bonds, after having 
been approved by the governor, shall be depos- 
ited with the auditor. 

Sec. 6a. It shall be unlawful for any per- 
son, firm or corporation, to throw in, or allow 
to enter, any stream or water course, in this 
state, saw-dust or any other matter deleterious 
to the propagation of fish. Any person, firm or 
corporation violating any of the provisions of 
this section shall be guilty of a misdemeanor, 
and fined not less than twenty-five dollars, 
nor more than one hundred dollars for each 
and every such offense. 

Sec. 7. Any person may kill any dog that 
he may see chasing, worrying, wounding or 
killing any sheep, lambs, goats or kids out- 
side of the enclosure of the owner of such 
dog, unless the same be done by the direction 
of the owner of such sheep, lambs, goats or 
kids. 

Sec. 8. If any dog shall have killed or 
assisted in killing, wouding or worrying any 
sheep, lambs, goats or kids out of the enclosure 



12 Forest, Game and Fish Laws 

of tlie owner of such dog, the owner or keeper 
of such dog shall be liable to the owner of ^ 
such sheep, lambs, goats or kids in the amount 
of the damages sustained, to be recovered in 
action before any court or justice having jur- 
isdiction of such action; and it shall not be * 
necessary to sustain in such action, to prove I 
that the owner or keeper of such dog, knew * 
such dog was accustomed to do such worry- 
ing, killing or wounding; but a recovery under 
this section shall bar and preclude the owner 
of such sheep, lambs, goats or kids from obtain 
ing compensation from the county court, and 
when compensation is obtained from the 
county court under any law Avhich is now or 
may hereafter be in force, then the county 
wherein the payment is made, is authoriid to 
sue under this section, and recover as the own- 
er of the sheep, lambs, goats or kids, might 
have done, and the amount so recovered shall 
be paid into the county treasury; but no suit 
shall be commenced unless authorized by the 
county court. Any person who shall harbor 
or secrete or aid in secreting any dog which 
he knows or has reason to believe has w'orried, 
chased or killed any sheep, lambs, goats or 
kids, not the property of the owner of such 
dog, out of his enclosure, or knowingly permits 
the same to be done on any premises under his 
control, shall be guilty of a misdemeanor, and 
upon conviction thereof before any court or 
justice having jurisdiction thereof, in the 
county in which the offense is committed, be 



OF West Virginia. 13 

fined not less than ten dollars nor more than 
fifty dollars, and at the discretion of the 
court or justice, imprisoned in the county jail 
not more than thirty days; and each day that 
such dog is harbored, kept or secreted, shall 
constitute a separate offene. ffl 

Sec. 9. The owner or keeper of any dog 
that has heen worrying, wounding, chasing or 
killing any sheep, lambs, goats or kids, not the 
property of such owner or keeper, out of his 
enclosure shall, within forty-eight hours after 
having received notice thereof in writing from 
reliable and trusty source, under oath, cause 
such dog to be killed; if the owner or keeper 
refu£e to kill said dog as hereinbefore provided, 
any justice of the peace upon information, 
shall summon the owner or keeper of said dog, 
and after receiving satisfactory proof that his 
dog did the mischief, shall issue a warrant on 
application being made by the owmer of the 
sheep, lambs, goats or kids killed, and give it 
into the hands of the constable, special con- 
stable or sheriff, who shall kill the dog forth- 
with; the cost of said proceedings shall be 
paid by the owner of the dog so killed, includ- 
ing a fee of fifty cents to the officer killing 
the said dog; the owner of said dog killed shall 
in addition to the costs, be liable to the owner 
of the sheep, lambs, goats or kids, or to the 
county court for the value of the sheep, lambs, 
goats or kids so killed or injured. 

Sec. 9(2-1 That it shall be the duty of every 
assessor, annually, to list all dogs over four 



14 Forest, Game and Fish Laws 

month old owned or kept within his district, 
particularily noting the number owned or kept 
about any one house, giving such description 
of each as he can conveniently obtain, distin- 
guishing between males and females, and for 
this purpose he may examine on oath any per- 
son found in his district; the fact that any 
dog is kept or allowed to remain about any 
house shall be deemed sufficient evidence to 
authorize the assessor to return the person in- 
habiting said house as the owner of such dog; 
such list shall be returned by the assessor 
to the clerk of the county court of his county, 
on or before the time fixed for levying the 
county levy in each year; the assessor shall 
receive as compensation the sum of five cents 
for each dog so listed. 

That it shall be lawful, if he so choose, for 
the owner of any dog to have the same listed 
by the county assessor of any county in this 
state, the same as all other personal property 
is listed and taxed; and when the owner of 
any such dog shall have paid the taxes assess- 
ed against the same, such dog shall be deemed 
property in the meaning of the law. 

Any person who shall Avilfully or malicious- 
ly steal, .poison, vround or kill any such dog or' 
dogs listed as personal property as aforesaid, 
shall upon conviction be punished as provid-ji 
ed by law for stealing, poisoning, wounding 
or killing other property; and the owner of 
such dog or dogs, so stolen, wounded, poison- 
ed or killed, after complying with the pro- 



I 



1 



OP West Virginia. Id 

visions of this act, may have a right of action 
in damages against any such person or per- 
aons guilty of a violation of the provisions 
of this act for the sum not exceeding the 
assessed value of such dog or dogs. 

But nothing in this act shall prevent the kill- 
ing of any vicious or dangerous dog off the 
premises and out of control of the owner; 
nor the killing of any dog running at large 
and out of the control of the ovrner thereof, 
after such owner shall have had notice and 
still permits such dog to run at large and 
out of his control; and no person shall be 
liable in damages or to prosecution by rea- 
son of any such killing. 

See. 9a-2. The county court shall annual- 
ly levy a per capita tax on every male dog 
four months old and over, of firty cents; on 
every spayed female dog of four months old 
and over, of fifty cents, and on every unspay- 
ed female dog four months old and over, of 
one dollar and fifty cents. 

Sec. 9rt-3. The per capita tax imposed up- 
on the dogs of any county, shall be collected 
and accounted for by the sheriff of such county 
as county levies are collected and accounted 
for, and to that end it shall be the duty of 
the court, in convenient time, to cause a list to 
be delivered to such sheriff containing the 
names of all persons charged with a per capita 
tax on dogs, and the amount assessed against 
each; for collecting, accounting for and pay- 
ing put the per capita dog tax, the sheriff 



16 Forest, Game and Fish Laws 

shall be allowed the like commission as al- 
lowed for collecting and accounting for the 
county levies; provided, however, that so much 
thereof as he receives from the constables 
upon the list provided for by the next section, 
he shall for accounting for and paying out the 
same be allowed one-half commission; the 
sheriff shall have charge of all the moneys 
accruing froin the per capita tax upon dogs, 
or for fines imposed under this act, collected 
within his county; and the same shall con- 
stiute a fund for remunerating the inhabitants 
thereof for any loss they may sustain by injury 
to their sheep, lambs, goats, or kids by dogs 
within their county; whenever the surplus 
arising from any such fund at the end of 
any fiscal year shall exceed one-half of the 
amount expended therefrom, for the preceding 
year, the county court of any county shall 
apply such excess to the general road fund of 
such county. 

Sec. 9«-4. The court shall cause a list of 
all persons failing to pay the per capita dog 
tax assessed against them, and by the sheriff 
returned delinquent for non-paymeut of per- 
capita dog tax, to he delivered to the con- 
stables of the district in which they reside 
with the number of dogs listed to each, and 
amount of per capita tax assessed severally 
against each. In case any person liable for 
said tax shall fail or refuse to pay such amount 
to the constable upon application therefor, the 
constable shall ]^\j upon and take into his 



OP West A^irginia. 17 

possesion property or effects of the deliuquent 
(including said dog or dogs so listed if such 
are to be found) sufficient to pay said amount 
and the cost of levy and sale; the first item 
in said sale to be the said dog or dogs so 
taken. In case such constable be unable to 
sell such dog or dogs; or unable to collect 
the tax thereon, by the sale of other property, 
he shall kill and bury such dog or dogs and 
shall be allowed a fee of one dollar for kill- 
iug and burying each dog; such fee to be 
paid by the county court, out of such per 
capita dog tax, when a proper return has been 
made by such constable. The constable shall 
have as to said capitation dog tax, the powers 
of levy and sale and of collection by any 
method as is vested in the sheriff for the col- 
lection of taxes. 

Any person who shall eonoeal a dog for 
the purpose of evading the provisions of 
this section shall pay a fine of five dollars. 
Where there is more than one constable in 
the district, the court shall decide which 
shall act and each constable receiving such 
list shall make due return to his county 
court, at such time as the court shall direct, 
of the manner in which he has discharged 
the duties respecting the same, and shall 
pay over to the sheriff any taxes or fines 
collected by him, taking duplicate receipts 
therefor, one of w^hich he shall file with the 
clerk of the county court, who shall charge 
the sheriff with the amount of the same; 



]8 Forest, Game and Fisn Laws 

each constable shall be liable for the per- 
capita tax assessed upon every dog enumer- 
ated in such list, of which he shall fail to 
return a satisfactory account to the court. 
The constables and their securities shall be 
liable on their official bond, upon motion of 
the circuit court of their respective counties 
for any money received by them Avhich they 
may be liable to i)ay by virtue of this act. 

Sec. 9a-5. The county court of any county 
shall, upon the petition of ten per cent of 
the legal voters of such county being filed 
in such court, asking a vote to be taken 
upon the question, order such vote to be 
taken at the next succeeding general or school 
election, to ascertain the sense of the voters 
of such county. If a majority of all the 
votes cast on that question at said election 
be against imposing a tax on dogs, then this 
act shall cease to be in force in such county 
from and after the day on which such re- 
sult is declared. 

If proof can be established that any dog 
or dogs belonging to a person living within 
a county where the dog tax is not assessed 
and collected, kill any sheep, lambs, goats 
or kids within a county where the dog tax 
law is in force, the owner of such dog or 
dogs shall be liable to the owner of such 
sheep, lambs, goats or kids so killed, for the 
amount of damage caused by such dog or 
dogs. If such collection cannot be made by 
law from the owner of such dog or dogs then 



OP West Virginia. 19 

tlie county court of such couuty wherein the 
sad dog or dogs belong shall be liable for 
the payment of such damages to be paid out 
of the general expense fund of said county. 

Sec. 9a-6. At the end of every year, or 
at such times as the county court may di- 
rect, the sheriff shall report to the court 
the amount of money in his hands, arising 
from the tax on dogs, and from fines im- 
posed under this act, and from which he is 
accountable; the county court shall then 
out of said fund, provide for the payment 
of the expenses of assessing, leA^ing and 
collecting said tax, and shall at the same 
time, or as soon thereafter as practicable, 
audit the claims reported under section five 
of this act and allow each claim in full, or 
so much thereof as the court may deem just 
and right ; and after auditing such claims 
as should be paid out of said fund, if the 
fund be sufficient to pay the whole thereof, 
shall give orders thereon to the persons en- 
titled thereto, to be paid by the sheriff out 
of said fund. But if it shall appear that 
there is not sufficient funds in the hands of 
the sheriff to pay the amount of claims aud- 
ited, the court shall give such orders as will 
divide the fund pro rata amongst those en- 
titled thereto. 

Sec. 9rt-7. That appraisers to be appointed 
under section five, shall not certify any 
appraisement to the court unless " it be 
proved to their satisfaction that the per- 



20 Forest, Game and Fish Laws 

son claiming such damages has made a 
proper return to the assessor of the dogs 
owned or kept by him. 

Sec. 9a-S. All dogs on which taxes are 
paid are hereby deemed property in the 
meaning of the criminal law. But this 
chapter shall not be construed as repealing 
or in any manner modifying chapter thirty- 
two of the Acts of 1875. 

Sec. 9a-9. If any person shall conceal his 
dog; or send him from house to house, or 
to any place for the purpose of avoiding the 
tax, he shall pay a fine of five dollars. 
All fines imposed by this act shall be recov- 
ered by suit in the name of the State be- 
fore a justice, as debts of like amount are 
by law recoverable, to be paid into the 
county treasury to the credit of the fund 
above mentioned; provided, that no costs of 
such proceedings shall be paid out of the 
county treasury. 

Sec. 10. The forest, game and fish warden 
shall be allowed all necessary printing, 
printed blanks, stationery and postage; but 
before he shall incur any expense for print- 
ing he shall first make requisition therefor 
upon the governor, who, in his discrtion, 
approving the same, shall issue his warrant 
to the warden for said printing, the cost and 
expenses therefor to be paid out of the 
treasury. 

Sec. 11. The forest, game and fish war- 
den and deputy wardens may make complaint 



OF West Virginia. 21 

and cause proceedings to be instituted against 
any person, or persons, or corporations, for 
the violation of any of the game, fish, bird and 
forest laws without the sanction of the prose- 
cuting attorney of the county wherein such 
proceedings are instituted; and in all such 
cases they shall not be required to give se- 
curity for costs. Any of said officers may 
also appear in any court of competent juris- 
diction in this state, in any case for viola- 
tion of any of the laws for the protection 
of forests, or the protection, preservation and 
propagation of game, fish and birds, and pros- 
ecute the same in the manner and with the 
same authority as the prosecuting attorney 
of the county in which such proceedings are 
had. And in such cases they may in the event 
of the refusal or negle<;'t of the prosecuting 
attorney to act, employ an attorney of their 
choice, and to such attorney, or to the prose- 
cuting attorney if he shall act, there shall 
be taxed in the costs, upon conviction, a fee 
of ten dollars in such case. 

Sec. 12. The forest, game and fish warden 
and deputy wardens shall have the power 
to search any person and examine any boat, 
vehicle, conveyance, express car, railroad 
car , fish box, fish basket, game bag or game 
coat, or any other recejjtacle in which game, 
birds or fish could be placed, concealed or 
conveyed, whenever they have reason to be- 
lieve that they will secure or discover evi- 
dence of a violation of the game and fish 



22 Forest, Game and Fish Laws 

laws of this state; and any hinderance or 
interference, or attempt to hinder or interfere, 
Avith such search and examination, shall be 
prima facie evidence of a violation of the law 
by the person or persons who hinder or inter- 
ffere, or attempt to hinder or interfere, with 
such search and examination. Said officer, or 
officers, shall, at any and all times, sei^e and 
take possession of any and all game, fish, 
birds, and animals which have been caught, 
taken or killed at any time, in any manner 
or for any purpose, or had in possession or 
under control or have been shipped, contrary 
to any of the laws of this state, such 
search and sei/ure may be made Avithout 
warrant; and the warden or dej)uty wardens 
shall not be liable for false seizure of such 
birds, game or fish. 

Sec. 13. That any justice or court having 
jurisdiction of the offense, upon receiving 
information of probable cause for believing 
that any game, birds or fish, caught, taken, 
killed, had in possession, imder control, or 
shipped, contrary to or in violation of any 
of the laws of this state, shall issue a search 
warrant, and cause a search to be nmde, in 
the mnner provided by laAV, in any place, 
and to that end may cause any buildings, 
dwelling house, enclosure, or car to be en- 
tered forcibly, if necessary, and any apart- 
ment, chest, barlocker, refrigerator, crate, 
basket or package, broken open and the con- 
tents thereof examined by the forest, game 



OP West Virginia. 23 

and fish warden or deputy wardens. All game, 
fish or birds, seized by any of said officers, 
shall be sold under the direction of the 
justice or court before whom the offense is 
tried, or search warrant issued, and the pro- 
ceeds of all sales shall be paid into the 
treasury of the state. 

Sec. 14. Any of the officers herein, whose 
duty it is to enforce the game, fish, bird and 
forests laws of this state, shall have the 
same right and power as sheriffs to sum- 
mon aid in making arrests, seizures, or exe- 
cuting any process; and any person, or per- 
sons, so summoned, and refusing to act, shall 
be liable, upon conviction, to the same fines 
and penalties, the same as if summoned by 
a sheriff. Such arrest may be made on a 
Sunday, in which case the person, or per- 
sons, arrested shall be taken before a justice, 
having jurisdiction, and proceeded against as 
soon as may be on a week day following 
such arrest. 

Sec. 15. The appointed deputy w^ardens 
shall, on the first of the months of Febru- 
ary, June, September and December of each 
year make a report under oath to the for- 
est, game and fish warden which reports 
shall show in detail the work done by them 
severally during the three months next pre- 
ceding. The forest, game and fish warden 
shall furnish the deputy wardens all ne<?es- 
sary blank forms and stationery for making 
said report. All such reports shall show 



24 Forest, Game and Fish Laws 

an account of the suits commenced, the jus- 
tice or court before whom such proceedings 
AA-ere had, the number and kinds of game, 
fish, birds and property, seized, and what 
disposition Avas made of the same, the 
amounts of proceeds of sale, and the amount 
of money, if any, receiA^ed by him for fines 
imposed, or from any other source proAdded 
for by this chapter. All ex-officio deputy 
wardens shall make a report to the forest, 
game and fish warden on the first days of 
February, June, September and December 
of each year if they liaA-e instituted any pro- 
ceedings or collected any moneys under the 
proA'isions of this chapter during such pre- 
ceding three months, and all deputy war- 
dens shall within thirty days after its re- 
ceipt pay OA^er to the forest, gam^e and fish 
warden the fines collected by him, and the 
bonds of all ex-officio wardens shall be lia- 
ble for any such moneys receiAed by them. 
All justices and judges before Avhose courts 
any case under this chapter comes shall on 
the first day of February, June, September, 
and December, of each year, if there has 
been before this court any case under this 
chapter, report to the state forest, game and 
fish AA'arden all moneys collected by him and 
the status of all cases pending or started 
in his court. 

Sec. 15a. It shall be unlaA\ful for any per- 
sonto haA^e in his possession for the i)urpose 
of using, or to use a ferret for the purpose 



OP West Virginia. 25 

of catching rabbits or driving them from 
their burrows. Any person convicted of an 
offence under this section shall be fined not 
less than Hve nor more than twenty dollars 
for each offence. 

Sec. 16. The forest, game and fish warden 
and deputy wardens, or any other officer who 
shall make any false return as to moneys col- 
lected or disbursed by him, as provided foi' 
in this chapter or does not pay over to the 
proper officer as provided in this chapter, 
moneys collected by him for fines shall be 
deemed guilty of a felony, and upon convic- 
tion thereof shall be confined in the peniten- 
tiary not less than one year nor more than 
five years. 

See. 17. Any person who hinders, obstructs 
or interferes with, or attempts to hinder, ob- 
struct or interfere with, the forest, game and 
fish warden and de]3uty Avardens in the dis- 
chaa-ge of any of their respective duties here- 
in shall be deemed guilty of a misdmeanor, 
and upon conviction thereof shall be fined not 
less than twenty-five dollars nor more than two 
hundred dollars,together with the costs of the 
prosecution, and in default of payment there- 
of shall be confined in the county jail until 
said fines and costs are paid; provided, how- 
ever, that such imprisonment shall not ex- 
ceed ninety days. 

Sec. 18. The ownership of, and the title 
to, all wild game, wild birds, both resident 
and migatory, and all fishes in the state of 



26 Forest, Game and Fish Laws 

West Virginia, are hereby declared to be in 
the state, and no such game, birds, or fishes, 
shall be taken or killed in any manner, or 
at any time, except the person so taking 
or killing the same shall consent that the 
title thereto shall be and remain in the 
state of West Virginia, for the purpose of 
regulating the use and disposition of the 
same after such taking or killing. The 
taking or killing of Avild game, birds or 
fishes, at any time or in any manner or by 
any person, shall be deemed a consent of 
such person that the title thereto shall be 
and remain in the state, for the purpose of 
regulating the use or disposition of the same. 

See. 19. No person, not a citiieu and resi- 
dent of th's state, shall at any time, hunt, 
pursue, kill or catch any wild game animals 
or wild game birds in this state, Avithout first 
having secured a license so to do, and then only 
during the respective periods when it shall be 
lawful to hunt such game animals and game 
birds. Such license shall be procured in the 
following manner, to-Avit : 

The applicant shall go before the county 
clerk of any county within this state and fill 
out a blank application, stating his name, age, 
occupation or profession, vreight, height, place 
of residence, color of hair, eyes and com- 
plexion; the application shall be subscriber in 
ink and sworn to be the applicant, said appli- 
cant making oath that his statements are cor- 
rect and true to the best of his knowleds-e and 



OP West Virginia. 27 

belief, before the county clerk issuing said 
license; the applicant shall at the same time 
pay to the county clerk the sum of fifteen 
dollars as a license tax, and a fee of fifty 
cents to said clerk for issuing such license; 
provided, however, that any such non-resident 
may fill out said application and swear to the 
same before a notary public ar any other offi- 
cial of any foreign state whose certificate is 
authorized to be accepted for the recordation 
of deeds to be recorded within this state, and 
which said official shall affix his official seal to 
his certificate, and said aj^plicant shall then 
send the said application to the county clerk 
of any county within this state, together with 
the tax and fee hereinbefore provided for, and 
such clerk shall ?end said applicant such li- 
cense. 

Said licenee shall bear the seal of the county 
court of the county in which it was issued 
and shall be signed by the clerk. All such 
license tax shall be paid by the county clerk 
to the state treasurer on the first day of each 
month for the next month preceding and a 
report thereof be made to the forest, game 
and fish warden. Such license shall entitle 
the person to whom it is issued to hunt and 
kill game in any county in this state at any 
time when it shall be lawful to hunt, pursue 
and kill such game; and no person to whom 
such license has been issued, shall be entitled 
to hunt, pursue or kill game in this state, 
without at thp time of such hunting, pursuing 



28 Forest, Game and Fish Laws 

or killing of game, he shall have such license 
in his possession; and he shall exhibit the 
same to any officer of this state, or owner, 
tenant or lessee of any land on whicii such per- 
son or persons are hunting, on demand of such 
officer or person. All such licenses shall be 
good and valid in the county where issued for 
the period of one year next succeeding its 
issue. Any person required by law to have 
and claiming to hold a license to hunt in this 
etate, having in his possession any gun or 
other hunting paraphernalia in such woods or 
fields, shall on failure to produce such license 
for inspection to any warden of this state, or 
owner or agent of the owner of such woods 
and fields, on demand, be deemed guilty of 
a misdemeanor and shall be punished on con- 
viction as provided later in this section. All 
non-resident m.embers of any club or organiza- 
tion owning or leasing a game preserve in 
this state, shall each be required to secure o 
hunters' license as hereinbefore provided for. 
Any person found guilty of violating any of 
the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction 
thereof, shall be fined not less than twenty- 
five nor more than fifty dollars for each and 
every offense, in addition to the costs of the 
prosecution, and in addition thereto may be 
confined in the county jail for a period not 
exceeding thirty days, in the discretion of the 
justice or court trying the case, and upon 
failure to pay any fine or costs, the person or 



OF West Virginia. 29 

persons so eonvieted, shall be confined in the 
county jail until such fine and costs are paid, 
but such imprisonment shall not exceed twenty 
days for any one offense. No hunters ' license 
shall be issued to any minor under the age of 
fifteen j^ears, without the consent in writing 
from the parent or guardian of such minor, 
such consent to be filed with the clerk of the 
county court issuing such license. 

Sec. 20. It shall be unlawful for any per- 
son, at any time, to catch, kill or injure, or 
to pursue with intent to catch, kill or injure, 
the skunk or polecat, except in defense of 
property, in any county of this state; pro- 
vided, that before this act shall go into effect 
it shall be ratified by a majority of the voters 
in any county of the state which desires its 
adoption; and upon the petition of one 
hundred or more voters of a county to the 
county court thereof the said court shall 
submit the question of its adoption therein 
to the voters of that county, to be voted 
upon at a general election to be held therein, 
and shall cause to be printed upon the ballots 
used in such election the words, ''For the 
skunk law, ' ' and ' ' Against the skunk law, ' ' 
and if a majority of the votes cast be in 
favor of said law then the said court shall 
declare the same to be the law of that county 
and enter the same of record. 

And in any county where this act has been 
adopted, as herein provided, and it is desired 
at any time thereafter to repeal the same, in 



30 Forest, Game and Fish Laws 

such county, it may be done in the same man- 
ner as is provided herein for the adoption of 
this act. 

Any person violating tliis section shall be 
guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than ten 
dollars, nor more than fifty dollars, and may, 
at the discretion of the court or justice trying 
the case, be confined in pail not more than 
thirty days. Any justice of the peace, for 
the county in which the oft'ense was com- 
mitted, shall have concurrent jurisdiction, of 
all offenses under this section. Any person 
found with any recently killed skunk or pole- 
cat skins in his possession shall be presumed 
to have killed the same. 

Sec. 21. Any person who shall, at any time, 
alter or change in any manner, or loan, sell 
or transfer to another any license provided 
for in section nineteen of this chapter, or the 
person buying or borrowing such license, shall 
be deemed guilty of a misdemeanor and upon 
conviction thereof shall te fined not less than 
twenty nor more than fifty dollars and in 
addition thereto may be confined in the county 
jail not moie than thirty days. 

Sec. 22. The words ' ' close season, ' ' and 
"close time," shall mean the time or period 
during which it is unlawful to hunt, pursue, 
catch, shoot, wound, trap or destroy any bird 
or animal, or to fish for or catch any fish, and 
the words "open season," and open time," 
shall mean the open time or period during 



OF West Virginia. 31 

which it shall be lawful to take these ani- 
mals, birds and fish, as specified and limited 
by la^A'. 

Sec. 23. For the purposes of this chapter 
the following- are considered game animals, 
to-wit: deer and squirrel. And the following 
shall be considered game birds, to-wit: the 
anatadae, commonly known as ducks, geese, 
swan and brant ; the raillidae, commonly 
known as mud hens, rails, coots and gallinules; 
the limicolae, commonly known as shore birds, 
plover, snipes, woodcock, tattlers, curlews, or- 
tolan, sandpiper; and gallinae, commonly 
known as wild turkey, ruffed grouse or pheas- 
ant, quail or bob white. 

Sec. 24. It shall be unlawful for any per- 
son to buy, sell or have in possession any of 
the animals, wild fowl or birds mentioned in 
rection twenty-three of this chepter, at any 
time when the killing, trapping, netting and 
snaring of such animals, wild fowl or birds 
j-hall be unlawful, or which shall have been 
killed, trapped, netted or snared contrary to 
the provisions of this chapter; and it shall 
further be unlawful for any person or per- 
sons, firm or corporation, at any time, to pur- 
chase or offer to purchase or to sell or to 
expose for sale, or have in his, or their pos- 
session for the purpose of selling, any Cjuail, 
ruffed grouse, or pheasant, wood cock, wild 
turkey, wild goose, swan, brant, wild ducks 
of any kind, plover, snipe, sand piper, squirrel, 
deer or venison; trout of any species, salmon 



32 Forest, Game and Fish Laws 

of any species, pike, bass or silver perch or 
any of the birds, fish or game prohibited 
to be caught or killed at any time by the 
provisions of this chapter, and it shall be 
unlawful for any person or persons, firm or 
corporation, or common carrier, to receive for 
transportation, or to transport, carry or con- 
vey, any quail, ruffed grouse or pheasant, 
wood cock, Avild turkey, wild geese, swan, 
brant, wild ducks of any kind, plover, snipe, 
sand piper, squirrel, deer or venison or game 
fishes, mentioned in this section that shall 
have been caught, snared, taken, trapped or 
killed at any time, within the limits of this 
state, knowing, or having reason to believe, 
the same had been sold, or to transport, carry 
or convey the same outside of this state for 
any purpose. Provided, that it shall be law- 
ful to have any such game animals, birds or 
fishes in possession for a period not exceeding 
twenty days after the open season thereof is 
ended and the close season thereon has begun. 
Any person, or persons, firm or cor23oration, 
guilty of violating any of the provisions of 
this section shall be deemed guilty of a mis- 
demeanor, and on conviction thereof, shall be 
fined not less than tv>'enty-five dollars nor 
more than one hundred dollars for each and 
every offense, and the costs of the prosecu- 
tion. And in default of the payment of such 
fine and costs shall be confined in the county 
jail until the same is paid, not to exceed, 
however, the period of sixty days. The sell- 



OF West Virginia. 33 

ing, exposing for sale, liaviDg in possession 
for sale, transporting or carrying and con- 
veying, contrary to the provisions of this 
section, of each and every animal, fish or 
bird mentioned in this section, shall constitute 
a separate offense. 

Sec. 25. No person shall hunt, chase, kill 
or wound any deer, from the first day of 
December, until the fifteenth day of October 
folloAving, of any year, except tame deer owned 
by the person killing the same; nor shall any 
one person kill more than two deer in any 
one season. No person, or persons, shall chase 
cr hunt deer with dogs in this state at any 
time. No person shall at any time kill any 
fawn, doe tr any deer other than bucks w4th 
horns or antlers over four inches in length, 
or have the fresh skin of any fawn in his 
possession. No person shall at any time, kill 
or have in his possession any deer, quail, 
pheasant or ruffed grouse, wild tarkey, squirrel 
or anw part of the same, or game fishes, with 
the intention of sending or transporting the 
same or having the same sent or transported 
beyond the limits of this state. Any person 
violating any provision of this section shall 
be guilty of a misdemeanor and on conviction 
thereof shall be fined not less than twenty-five 
nor more than fifty dollars for each and every 
deer unlawfully hunted, chased, wounded or 
killed, and for each fawn skin had in posses- 
sion, and not less than twenty dollars nor more 
than fifty dollars for each and every quail, 



34 Forest, Game and Fish Laws 

ruffed grouse or pheasant, wild turkey or any 
part of the same, for each and every game 
fish, and for each and every deer or part of 
deer, killed or had in possession with the in- 
tention of sending or transporting the same, 
or having the same sent or transported be- 
yond the limits of this state. And in addition 
to the fine, or fines, prescribed in this section, 
the person, or persons convicted may be con- 
fined in the county jail not to exceed sixty 
days for each and every effense; and upon 
default of the payment of the fine and costs, 
shall be confined in the county jal until the 
same are paid, but not to exceed a period of 
sixty days. 

Sec. 26. It shall be unlawful for any per- 
son to catch, kill or injure, or pursue Avith 
the intent to catch, kill or injure, any ruffed 
grouse or pheasant, or wild turkey between 
the first day of December and the fifteenth 
day of October of the following year; or 
any quail or A-^irginia partridge between the 
first day of December and the first day of 
November folloAving; nor any gray, black, 
red or fox squirrel between the first day of 
December and the thirty-first day of August, 
both inclusive, of the following year. Nor 
shall any person kill more than twelve quail 
or six ruffed grouse or two wild turkeys in 
any one day, nor more than ninety-six quail or 
twenty-five ruffed grouse or six wild turkeys 
in any one open season. No person shall kill 
any wuld duck, wild goose or brant between 



OP West Virginia. 35 

the twentieth day of April and the first day 
of September; provided, that the wood duck 
sliall not be killed at any time within this 
state; wood cock, plover, rail, ortolan or 
sand piper between the twentieth day of De- 
cember and the fifteenth day of July follow- 
ing; or any snipe between the first day 
of March and the fifteenth day of October fol- 
lowing. 

It shall be unlawful for any person at any 
time to catch by sein, net, bait, trap or snare 
of any kind or device, any wild turkey, ruffed 
grouse or pheasant or quail. 

Any person violating any of the provisions 
of this section shall be guilty of a misdemeanor 
and, upon conviction thereof, shall be fined 
not less than twenty-five dollars nor more than 
fifty dollars for each offense, and in the dis- 
cretion of the justice or court trying the case, 
be imprisoned in the county jail for a i^eriod 
not exceeding thirty days for each effense; 
and in default of the payment of the fine and 
costs, the person convicted be confined in the 
county jail for a period not exceeding thirty 
days unless such fine and costs be sooner paid. 
Provided, however, that the forest, game and 
fish warden or deputy w^ardens or other per- 
sons, under the direction of the warden, may 
capture by any means any of the game birds 
or game animals to keep them alive for propa- 
gation purposes. And provided, further, that 
the warden may give written permission to any 
responsible person, as j)rovided by section thir- 



36 Forest, Game and Fish Laws 

ty-eiglit of this chapter. 

Sec. 27. It shall be unlawful for any per- 
son at any time to catch, by seine, net, bait, 
trap or snare of any kind or device, any wild 
turkey, ruffed grouse or pheasant or quail. 

Sec. 28. It shall be unlawful to hunt, catch, 
kill, or injure or pursue with intent to hunt, 
catch, kill or injure, any wild animals or birds, 
or fish, on the first day of the week, commonly 
knoAvn as Sunday. 

Any person volating any of the previsions 
of this section or section twenty-seven hereof 
shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less 
than ten dollars nor more than twenty-five 
dollars, and in default of the payment of fine 
and costs, be committed to the county jail for 
a period of not more than thirty days, unless 
said fine and costs are sooner paid. 

Sec. 29. All prosecutions under this chapter 
shall be in the name of the State of West Vir- 
ginia, before any court or justice, having juris- 
diction, and the justice shall have concurrent 
jurisdiction with the circuit and other courts 
in all misdemeanors, and in any case in which 
the prosecuting attorney appears, a fee of ten 
dollars shall be allowed him, to be taxed as 
a part of the costs of the case, and collected 
off the defendant, in case he is convicted. 

Sec. 30. Every person called as a witness 
in any case for the violation of any of the 
provisions of this chapter, shall be compelled 
to testify fully; but his testimony shall not 



OF West Virginia. 37 

be given in evidence against him in any pros- 
ecution for such offense; and no person against 
whom such witness shall so testify, shall be 
competent as a Avitness for the state in the 
prosecution against such witness for the same 
offense or matters to which said witness so 
testified, nor for any violation of any pro- 
vision of this chapter alleged to have been 
committed before the commencement of the 
prosecution in which he is examined as such 
wit~ness. 

Sec. 31. All moneys collected and due the 
state, under and by virtue of the provisions 
of this chapter, shall be disposed of, as fol- 
lows: The net proceeds of all fines collected 
from convictions of the violations of any sec- 
tion of this chapter, shall after the payment 
of the amounts fixed by this chapter to the 
proper deputy wardens and the costs as pro- 
vided by law be paid into the state treasury 
and credited to the ' ' school fund ' ' of the 
state, as provided by the constitution; all 
other moneys due the state by virtue of any 
of the provisions of this chapter shall be paid 
into the state treasury and credited to the 
''forest, game and fish protective fund." 

Sec. 32. In alj cases where any person has 
been indicted for the violation of any of the 
provisions of this chapter, and has escaped 
or removed to another state, all costs of 
requisition and extradition papers and all other 
costs and expenses of securing and bringing 
such person back into this state, shall be 



38 Forest, Game and Fish Laws 

charged as a part of the costs of prosecution 
against such person; and, if such costs of 
requisition and extradition papers and expenses 
cannot be secured from such person, they shall 
be paid out of the ** forest, game and fish pro- 
tective fund. ' ' 

Sec. 33. That no person shall within the 
state of West Virginia kill or catch or have 
in his or her possession, living or dead, any 
wild bird other than a game bird; or pur- 
chase, offer or expose for sale, transport for 
sale, transport or ship within or without the 
state, any such v.ild bird after it has been 
killed or caught, except as permitted by this 
chapter. No part of the plumage, skin or 
body of any bird protected by this section 
shall be sold or had in possession for sale, 
irrespective of whether said bird was captured 
or killed within or without the state. For 
the purpose of this chapter all the birds and 
species of birds named in section twenty-three 
of this chapter only shall be considered game 
birds. 

Sec. 34. No person shall, within the state 
of West Virginia take or needlessly destroy 
or attempt to take or destroy the nest or eggs 
of any Avild l)ird other tlian a game bird, or 
have such nest or eggs in his or her possession, 
except as permitted by this chapter. 

See. 35. No person or persons ar any cor- 
poration acting as a common carrier, its offi- 
cers, agents or servants, shall ship, carry, take 
or transport, either within or beyond the con- 



OP West Virginia. 39 

fines of the state, any resident or migratory 
wild non-game bird. 

See. 36. Any person violating sections tliir- 
ty-tliree, thirty-four and thirty-five shall be 
guilty of a misdemeanor and upon conviction 
thereof shall be fined not less than ten dollars 
and may le confined in the county jail at the 
discretion of the court or justice for a period 
of not more than thirty days. 

Sec. 37. Sections thirty-three, thirty-four 
and thirty-five of this chapter shall not apply 
to any person holding a certificate giving the 
right to take birds, their nests, or eggs, for 
scientific purposes only as provided for in sec- 
tion thirty-eight of this chapter. 

Sec. 38. Certificate may be granted by the 
forest, game and fish warden to any properly 
accredited person of the age of fifteen years 
or upwards, permitting the holder thereof to 
collect birds, their nests, or eggs for scientific 
purposes only; the applicant for same must 
present to said officer written testimonials from 
two v.ell-known ornithologists who must be 
residents of West Virginia, certifying to the 
good character, and fitness of said applicant 
to be entrusted with such privilege; must pay 
said officer one dollar to defray the necessary 
expenses attending the granting of such cer- 
tificate. On proof that the holder of such cer- 
tificate has killed any bird or taken the nest 
of any bird for other than strictly scientific 
purposes, his certificate shall become void and 
he shall be liable to a fine not exceeding one 



40 Forest, Game and Fish Laws 

hundred dollars or imprisonment not exceed- 
ing thirty days, or both, at the discretion of 
the court. 

Sec. 39. The certificate authorized by sec- 
tion thirty-eight of this chapter shall expire 
on the thirty-first day of December of the year 
issued, and shall not be transferable. 

Sec. 40. The English or European house 
sparrow, owls, hawks, eagles, crows and king 
fishers are not included among the birds pro- 
tected by this chapter. 

Sec. 41. Nothing in this chapter shall pre- 
vent a citizen of West Virginia from taking 
or keeping any wild non-game bird in a cage 
as a domestic pet; provided, that such bird 
shall not be sold or exchanged, or offered for 
sale or exchange, or transported out of this 
state. 

Sec. 42. Whoever, while engaged in hunting 
or pursuing wild game or game birds, neg- 
ligently or carelessly shoots or wounds or kills 
any human being, or any live stock, shall be 
deemed guilty of a misdemeanor, and on con- 
viction thereof, shall be fined not exceeding 
one thousand dollars, and in the discretion 
of the court trying the case, be confined in 
the county jail for a period of not exceeding 
one year. 

Sec. 43. There shall be no open season on 
the following named game birds: Hungarian 
partridge, Eeeve's pheasant, English pheasant, 
Lady Amherst 's pheasant, Chinese pheasant, 
capercailzie or any other foreign game birds 



OF West Virginia. 41 

introduced into tliis state by the wardens or 
any person or persons, or associations. It 
sliall be uulawfnl for any person to catch, 
kill or injure, any of the species of game 
birds mentioned in this section. Any person 
violating any provision of this section shall 
be deemed guilty of a misdemeanor, and upon 
conviction, shall be fined not less than twenty- 
five dollars nor more than fifty dollars, and, 
in the discretion of the court or justice trying 
^the case, be confined in the county jail for a 
^period of not more than sixty days; and upon 
default of the payment of fine and costs, he 
shall be confined in the county jail not less 
than twenty days, unless said fine and costs 
are sooner paid. Each bird shall constitute a 
separate offense. 

■ Sec. 44. It shall not be lawful for any per- 
son to catch or destroy any of the fish in the 
creeks or rivers in this state by means of a 
drag or other net, fish pots, weirs, traps, by 
sledging, shooting or other devices (except by 
hook and line) at any time; provided, how- 
ever, that any person may set a trot line, the 
hooks on which shall not be less than two 
two feet apart, and, that seins may be used 
in the Ohio Eiver from the fifteenth day of 
November to the first day of March following, 
but each seine so used must be registered by 
the owner or user with the forset, game and 
fish warden, and the size of mesh must be 
two inches from knot to knot. Nor shall it 
be lawful for any person to catch and have in 



42 Forest^ Game and Fish Laws 

his possession any jack salmon, commonly 
called jack fish, or any white salmon of less 
than seven inches in length, or any pike of 
less than ten inches in length, or any black 
bass less than !-:even inches in length, or any 
trout less than five inches in length, or any 
fish caught out of reason or caught in any 
manner prohibited by law. And all fish less 
than the length prescribed herein shall be re- 
turned to the water immediately with as little 
injury as possible. And the measurement of 
fish shall be from end of nose to center form 
of tail. 

It shall be unlawful to take or destroy any 
jack salmon, (commonly called jack fish or 
white salmon) in any manner between the 
fifteenth day of April and the fifteenth day 
of June of each year; or to catch or destroy 
any trout or land-lock salmon in any manner 
between the first day of Sej^tember and the 
first day of April of each year. It shall not 
be lawful for any person to catch any black 
bass, green bass, willow bass, rock bass, pike 
or pickerel, or wall eyed pike (cornmonly 
known as salmon) between the fifteenth day 
of April and the fifteenth day of June of 
each year; except that in the counties of 
Brooke, Hancock and Ohio the time shall be 
from April fifteenth to May twenty-ninth of 
each year; nor shall any person catch or kill 
any of said fishes or fish at any other time 
during the year, save only with a rod, hook 
and line; except, it shall be lawful to catch 



OP West Virginia. 43 

fish of tlie sucker variety known as suckers, 
carp, mullet, and red horse, by gig, spear, 
looping or in any other way at any time; it 
shall be unlawful to kill bass or any other 
game fish by spear, gig, shooting or skipping 
or jumping. 

It shall not be lawful for any person to 
catch or destroy fish in any dam or pond the 
property of any person, except with the con- 
sent of the ow^ner of such dam or pond, un- 
less such dam or pond be in some of the rivers 
in this state. But nothing in this chapter 
shall be construed as to prevent the ct£|,ching 
of minnows or other small fish, except salmon, 
bass, shad and trout, by means of hand, or 
cast nets, to be used for angling or scientific 
purposes; nor to prevent the warden of the 
state or his deputies or any person with their 
or his consent from catching any fish at any 
time with nets or seins for the purpose of 
propagation or stocking other waters, nor to 
prevent any person from taking in any way 
fish from his private dam, spring or pond at 
any time. 

Any person who shall knowingly willfully 
let the water out of any pond mentioned here- 
in with the intent to take or injure fish there- 
in, shall be guilty of a misdemeanor and shall 
be punished, upon conviction, by imprisonment 
in the county jail not less than one month 
nor more than six months, or by a fine of 
not less than fifty nor more than two hun- 



4.4 Forest, Game and Fispi Laws 

dred dollars, or by both fine and imprison- 
ment. 

The owners ar those in control of lands or 
rights in land, in or bordering upon any pond 
designated in this act, shall have erected and 
maintained in a conspicuous place along these 
ponds when they are unenclosed, a sign at 
least a foot square and which shall have there- 
on the name of the party in control and the 
words '^Trespassers warned off under penal- 
ties of the law." Any person who shall wil- 
fully and wrongfully tear down, deface er 
injure the boards provided for in this section 
shall be guilty of a misdemeanor and liable to 
a penalty as hereinafter provided. 

Any person violating any provision of this 
section, except as otherwise herein provided, 
shall be guilty of a misdemeanor and for 
every conviction thereof shall be fined not 
less than ten dollars nor more than one hun- 
dred dollars, and may, at the discretion of 
the court or justice trying the case, be con- 
fined in the county jail not exceeding thirty 
days. 

Sec. 45. It shall be lawful for any person 
at any time, to remove or destroy any nets, 
traps or other devices placed in any creeks, 
runs or rivers within this state, except reg- 
istered seins in the Ohio Eiver, as provided 
for in this chapter, and the person or per- 
sons claiming ownership or possession of such 
nets, seines or other devices shall have no 



OP West Virginia. 45 

recourse at law against the party destroying 
the same. 

It shall be unlawful for any person or per- 
sons to be found upon the creeks or small 
streams of this state w^here fish are taken 
with seines, (except minnow seines) in their 
possession, and if so found, such possession 
shall be prima facie evidence that the same 
were used unlawfully. In all prosecutions un- 
der this act it shall be prima facie evidence 
sufficient on the part of the state to show that 
the defendant was found upon the creeks or 
small streams where fish are taken with such 
seine in his possession. 

Any person violating any of the above pro- 
visions of this section shall be guilty of a 
misdemeanor, and upon conviction thereof 
shall forfeit such net or seine (which net 
or seine shall be destroyed by order of the 
justice or court), and pay a fine of not less 
than ten dollars nor more than fifty dollars, 
or be confined in jail not exceeding thirty 
days. 

And no person, firm or corporation, shall 
build, erect, keep or maintain any dam or 
anything in any river, creek or water course 
in this state, which shall in any way or man- 
ner prevent or obstruct the free and easy 
passage of fish up or down such river, creek 
or other water course without placing, building 
or erecting on such dam or other thing, a 
good and sufficient ladder or Avay so planned 
or built as to allow all fish to easily ascend 



46 Forest, Game and Fish Laws 

or descend the same; and said ladder or way 
shall be constructed upon plans and in a man- 
ner and at a place satisfactory to the forest, 
game and fish warden of the state of West 
Virginia. Any person, firm or corporation 
violating this provision shall be guilty of a 
misdemeanor, and upon conviction thereof shall 
be fined not less than ten dollars nor more 
than fifty dollars; and each week shall con- 
stitute a separate offense; provided, that any 
person, firm or corporation now maintaining 
or keeping any such dam or other thing, shall 
be allowed six months from the time this 
act shall take effect in which to comply there- 
with. 

And it shall be the especial duty of said 
forest, game and fish warden, upon the in- 
formation of the violation of this provision, to 
immediately investigate the same, and cause 
this provision to be fully carried out. 

Sec. 46. It shall be unlawful for any per- 
son, firm or corporation to employ or hire in 
any way, directly or indirectly or by the use 
of money or other thing of value, to induce 
or persuade any other person, firm or corpora- 
tion to kill, catch or deliver to such first named 
or any other person, firm or corporation, any 
deer, wild turkey, c[uail, pheasant or ruffed 
grouse, or any other wild game or wild birds, 
or trout, bass, salmon or any other game fish, 
the sale of which game or fish is prohibited 
by this chapter, and the serving of any such 
birds, game or fish killed or caught in this 



OF West Virginia. 47 

state by any hotel, restaurant or other li- 
ceneed place where meals are furnished for 
pay, shall be deemed a sale of such birds, 
game or fish. 

And it shall be unlawful for any person, 
firm or corporation to kill, catch or deliver 
for money or other thing of value, either 
directly or indirectly any such game, birds or 
fish. 

Any person, firm or corporation violatnig 
this section shall be guilty of a misdemeanor 
and upon conviction thereof shall be fined 
not less than ten nor more than fifty dollars 
and may be confined in the county jail at 
the discretion of the court or justice for a 
period of not exceeding thirty days, and each 
animal, bird or fish so served, killed, caught 
or delivered shall constitute a separate of- 
fense. 

Sec. 47. It shall be unlavrful for any per- 
e:on to kill or attempt to kill any fish by use 
of dynamite or any other explosive mixture, 
or by the use of poisonous drug, substance, 
bait or food, or by the use of electricity, 
lime or other thing of like nature. And the 
placing of any such article in any stream, 
pond or lake, shall be deemed and taken to 
be prima facie proof of intention to violate 
this section. 

Any person violating this section shall be 
guilty of a felony, and upon conviction thereof 
shall be confined in the penitentiary for a 
period not less than six months nor more than 



48 Forest, Game and Fish Laws 

two years, and may at the discretion of the 
court be fined not less than fifty nor more than 
two hundred dollars. 

Sec. 48. It shall be unlawful for any per- 
son, firm or corporation to sell, give or fur- 
nish directly or indirectly any dynamite or 
any other explosive or killing mixture or any 
poisonous drug, . bait or food to any person, 
when such person, firm or corporation knows 
or has reason to believe that such dynamite 
or other explosive or killing mixture or poison- 
ous drug, bait or food are intended to be used 
for the purpose of killing fish. Any person, 
firm or corporation violating this section shall 
be guilty of a misdemeanor and upon convic- 
tion thereof, shall for each effense, be fined 
not less than twenty-five nor more than one 
hundred dollars, and may at the discretion of 
the court be confined in the county jail not 
exceeding thirty days. 

Sec. 49. It shall be unlawful for any per- 
son to shoot, hunt, fish or fowl upon the en- 
closed or improved lands of another person, 
or to camp, peel trees, cut trees or timber, 
build fires or do any other act or thing therein 
in connection with or auxiliary to shooting, 
hunting, fishing or fowling on the lands of 
another person without permission in writing 
from the owner, lessee or other person en- 
titled to the possession of such lands, or the 
tenant or agents of such owner, lessee or 
person entitled to the possession thereof, duly 
authori2ed to give such written permission, 



OP West Virginia. 49 

and every person hunting, fishing, shooting 
or fowling upon such lands shall have such 
written permission with him when so doing. 

Any person violating any of the provisions 
of this section shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall 
be fined not less than ten dollars nor more 
than fifty dollars, and may in the descretion 
of the court or justice, be confined in the 
county jail not more than thirty days; and 
if any person be convicted a third time of 
such offense, he shall be confined in the county 
jail for a period of not less than three nor 
more than thirty days in addition to any 
fine imposed, and in all cases he shall be con- 
fined in the county jail until the fine and costs 
are paid; provided, that such time shall not 
exceed thirty days. It shall be lawful for 
the owner, lessee, or the person entitled to 
the possession of such lands or the agent 
thereof to arrest any such person found vio- 
lating this section and immediately take him 
before a justice of the peace for trial, and 
such owner, lessee, person or agent, are hereby 
vested with all the powers and rights of a 
deputy game warden for such purpose; and 
it is hereby made the duty of the warden 
and all deputies to see that this section is 
enforced, if requested so to do by such owner, 
lessee, person or agent, but not otherwise. 

Sec. 50. It shall be unlawful for any per- 
son to shoot or discharge any fire arms in 
or across any public road in this state at 



50 Forest, Game and Fish Laws 

any time or within four hundred feet of any 
school house, or shoot or discharge any fire- 
arms on the lands of another on any lawn 
or orchard or on any pleasure ground or 
other ground wheh is directly appurtenant to 
or within six hundred feet of any occupied 
dwelling house. Any person violating this 
section shall be giulty of a misdemeanor and 
upon conviction thereof shall be fined not 
less than ten dollars nor more than fifty 
dollars, or at the discretion of the court or 
justice, imprisonde not more than thirty 
days. 

Sec. 51. The forest, game and fish war- 
den shall be ex-officio fire warden of the state 
of West Virginia, and all deputy wardens shall 
also be dej)uty fire wardens for their respective 
counties in Avhich each may reside. In case 
of fire in or threatening to forest or woodland, 
the deputy fire wardens of the county, wherein 
such fire is, shall upon receiving notice thereof, 
forthwith attend and use all necessary means 
to confine and extinguish the same. He may 
destroy fences, plough land, or, in an emer- 
gency, set back-fires to check fire. He may 
hire volunteers or summon any resident of his 
county to assist in putting out fires. Any 
person summoned, Avho is physically able and 
refuses to assist, shall forfeit the sum of ten 
dollars as a penalty therefor. An action of 
trespass shall not lie against persons crossing 
or Avorking upon lands of another to extinguish 
fire. In case a forest fire burn over more than 



» 



OF West Virginia. 51 

one aeie of land tiie deputy fire warden of the 
county iu which it occurs, shall make report 
thereof to the warden, giving the area burned 
over, the quantity of timl3er, wood, logs, bark 
or other forest product, and of fences, bridges 
aud buildings destroyed, with an estimate of 
the value thereof. He also shall report the 
cause of such fire and the means used and cost 
expended in putting it out. 

Sec. 52. Deputy wardens shall receive the 
sum of two dollars per day for the time act- 
ually employed at forest fires and each county 
court may fix the price to be paid per day, 
not exceeding two dollars, for services of 
laborers at forest fires in their respective 
counties, and serve notice thereof on the war- 
den and the deputy wardens, resident in such 
county. All services rendered at forest fires 
shall be a charge against the county, and each 
deputy warden shall render within twenty days 
after such fire to the county court thereof a 
sworn statement of the time used by him a^ 
such fire, with the location of the same and 
the names of all persons hired or summoned 
by him, who assisted him thereat, together 
with the time each worked, and the county 
court shall pay such deputy warden and as- 
sistants out of the county funds, after it has 
examined such reports and is satisfied with the 
correctness thereof. 

See. 53. Whoever by himself, or by his ser- 
vants, agents, or guide, or as the servant, 
agent of guide or any other jDerson, shall 



52 Forest, Game and Fish Laws 

build any fire, or use an abandoned fire in 
a field, public or private road, or adjacent 
to, or in any woods or forest in this state, 
shall, before leaving such fire, totally ex- 
tinguish the same, and upon failure to do so, 
such person, or persons, shall be deemed guilty 
of a misdemeanor, and on conviction thereof 
shall be fined not less than twenty-five dollars 
nor more than one hundred dollars and the 
costs of the prosecution, and upon default in 
paying said fine and costs,, shall be confined 
in the county jail not more than ninety days 
unless said fine and costs be sooner paid. If 
any person, or persons, negligently set on fire, 
any woods, fields or lands within this state, 
so as thereby to occasion loss, damage or 
injury to any other person, he shall be guilty 
of a misdemeanor, and on conviction thereof, 
shall be fined not less than fifty dollars nor 
more than five hundred dollars, and in the 
discretion of the justice or court trying the 
case, be imprisoned in the county jail not to 
exceed one year, and upon default in pay- 
ment of the fine and costs, he shall be im- 
i:>risoned in the county jail not to exceed six 
months, and if any person or persons wilfully 
set on fire any woods, fields or lands within 
this state, not his own, so as to thereby oc- 
casion damage or injury to any other person, 
he shall be guilty of a felony, and on con- 
viction thereof shall be confined in tbe pen- 
itentiary not less than one nor more than two 
years. 



OP West Virginia. 53 

Sec. 54. Every railroad company shall, on 
such part of its road as passes through for- 
est lands or lands subject to fires from any 
cause, cut and remove from its right of vs^ay 
along such lands, at least twice a year, all 
grass, brush and other inflammable materials, 
and employ in seasons of drought and before 
vegetation has revived in the spring, sufficient 
trackmen to promptly put out fires on its 
rights of way; provide locomotives thereon 
with netting of steel or iron wire so con- 
structed as to give the best practicable pro- 
tection against the escape of fire and sparks 
from the smoke stacks thereof, and adequate 
devices to prevent the escape of fire from ash 
pans and furnaces which shall be used on such 
locomotives. 

No railroad company or employee thereof 
shall deposit fire coals or ashes on its track 
or right of Avay near such lands. In case of 
fire on its own or neighboring lands, the rail- 
road company shall use all practicable means 
to put it out. Engineers, conductors or train- 
men discovering or know^ing of fires in fences 
or other material along or near the right of 
way of the railroad in such lands, shall re- 
port the same at the first station to the sta- 
tion agent, and such station agent shall forth- 
with notify the nearest fire warden and use 
all necessary means to extinguish the same. 
And any officer or employee of a railroad 
company violating any provisions of this sec- 
tion shall be guilty of a misdemeanor, and 



54 Forest, Game and Fish Laws 

upon conviction thereof, shall be fined a sum 
not less than twenty nor more than two hun- 
dred dollars. 

Sec. 55. The forest, game and fish warden 
in the name of the county in which any for- 
est fire has occurred, and which has been ex- 
tinguished or suppressed by his efforts, shall 
recover from the person or persons, firm or 
corporation, giving origin to such fire, the 
amount so expended in extinguishing said fire 
and the costs thereof, and the same shall not 
bar the rights of damage between the parties 
thereto. 

Sec. 56. All acts and parts of acts in con- 
flict with this act arc hereby repealed. 



OF West Virginia. 55 

THE LACEY BIRD LAW. 
(Federal Law.) 
AN ACT to enlarge the powers of the de- 
partment of agriculture, prohibit the trans- 
portation hy interstate commerce of game 
killed in violation of local laws, and for 
other purposes. 
Be it enacted by the Senate and House of 
Bepresentatives of the United States of 
America in Congress assembled: 
That the duties and powers of the depart- 
ment of agriculture are hereby enlarged so as 
to include the preservation, distribution, in- 
troduction and restoration of game birds and 
other wild birds. The secretary of agriculture 
is hereby authorijed to adopt such measures 
as may be necessary to carry out the purposes 
of this act and to purchase such game birds 
and other wild birds as may be required there- 
for, subject, however, to the laws of the vari- 
ous states and territories. The object and 
purpose of this act is to aid in the restoration 
of such birds in those parts of the United 
States adapted thereto where the same have 
become scarce or extinct, and also to regulate 
the introduction of American or foreign birds 
or animals in localities where they have not 
heretofore existed. 

The peeretary of agriculture shall from time 
to time collect and publish useful information 
as to the propagation, uses and preservation of 
such birds. 

And the secretary of agriculture shall make 



56 Forest, Game and Fish Laws 

and publish all needful rules and regulations 
for carrying out the purposes of this act, and 
shall expend for said purposes such sums as 
congress may appropriate therefor. 

Sec. 2. That it shall be unlawful for any 
person or persons to import into the United 
States any foreign wild animal or bird except 
under the special permit from the United 
States department of agriculture; provided, 
that nothing in this section shall restrict the 
importation of natural history specimens for 
museums or scientific collections, or the im- 
portation of certain cage birds, such as do- 
mesticated canaries, parrots or such other 
species as the secretary of agriculture may 
designate. 

The importation of the mongoose, the so- 
called "flying foxes" or fruit bats, the Eng- 
lish sparrow, the starling, or such other birds 
or animals as the secretary of agriculture 
may from time to time declare injurious to 
the interest of agriculture or horticulture, is 
hereby prohibited, and such species upon ar- 
rival at any of the ports of the United States 
shall be destroyed or returned at the expense 
of the owner. The secretary of the treasury 
is hereby authorized to make regulations for 
carrying into effect the provisions of this sec- 
tion. 

Sec. 3. That it shall be unlawful for any 
person or persons to deliver to any common 
carrier or for any common carrier to trans- 
port from one state or territory, or from the 



OF West Virginia. 57 

District of oClumbia or Alaska, to any state 
or territory or the District of Columbia or 
Alaska, any foreign animals or birds the im- 
portation of which is prohibited, or the dead 
bodies or parts thereof of any wild animals 
or birds where such animals or birds 
killed in violation of the laws of the 
state, territory or district in which the same 
were killed; provided, that nothing herein 
shall prevent the transportation of any dead 
birds or animals killed during the season when 
the same may be lawfully captured, and the 
export of which is not prohibited by law in 
the state, territory or district in which the 
same are killed. 

Sec. 4. That all packages containing such 
dead animals, birds, or parts thereof, when 
shipped by interstate commerce, as provided in 
section one of this act, shall be plainly and 
clearly marked, so that the name and address 
of the shipper and the nature of the contents 
may be readily ascertained on inspection of 
the outside of such packages. For each eva- 
sion or violation of this act, the shipper shall, 
upon conviction, pay a fine of not exceeding 
two' hundred dollars; and the consignee know- 
ingly receiving such articles so shipped and 
transported in violation of this act shall, upon 
conviction, pay a fine not exceeding two hun- 
dred dollars, and the carrier knowingly car- 
rying or transporting the same shall, upon con- 
viction, pay a fine of not exceeding two hun- 
dred dollars. 



58 Forest, Game and Fish Laws 

Sec. 5. That all dead bodies, or parts there- 
of, of any foreign game animals, or game 
or song birds, the importation of which is 
prohibited, or the dead bodies or parts there- 
of, of any wild game animals, or game or 
song birds transported into any state or ter- 
ritory, or remaining therein for use, consump- 
tion, sale or storage therein, shall upon arrival 
in such state or territory be subject to the 
operation and effect of the laws of such state 
or territory enacted in the exercise of its 
police powers, to the same extent and in 
the same manner as though such animals and 
birds had been produced in such state or 
territory, and shall not be exempt therefrom 
by reason of being introduced therein in orig- 
inal packages or otherwise. This act shall not 
prevent the importation, transportation, or sale 
of birds or bird plumage manufactured from 
the feathers of barnyard fowl. 

Approved May 25, 3900. 



OF West Virginia. 59 



AMENDMENTS TO THE LACEY ACT. 

Ill effect January 1, 1910. 
(Criminal Code, 35 Stat. L., 1137.) 

Section 242. It shall be unlawful for any person 
to deliver to any common carrier for transportation, 
or for any common carrier to transport from any 
State, Territory or District of the United States, to 
any otlier State, Territory or District thereof, any 
foreign animals or birds, the importation of which 
is prohibited, or the dead bodies, or parts thereof, 
of any wild animals or birds, where such animals or 
birds have been killed or shipped in violation of the 
laws of the State, Territory or District in which the 
same were killed, or from which they were shipped; 
proi'idcd, that nothing herein shall preveiit the trans- 
portation of any dead birds or animals killed during 
t)ie season when the same may be lawfully captured, 
and the export of which is not prohibited by law in 
the State, Territory or District in which the same are 
captured or killed; provided, further, that nothing 
herein shall prevent the importation, transportation 
or sale of birds or bird plumage manufactured from 
the feathers of barnyard fowls. 

Section 243. All packages containing the dead 
bodies, or the plumage, or parts thereof, of game 
animals, or game or other wild birds, when shipped 
in interstate or foreign commerce, shall be plainly 
and clearly marked, so that the name and address 
of the shipper and the nature of the contents, may 
be readily ascertained on an inspection of the out- 
side of such package. 

Section 244. For each evasion or violation of any 
provision of the three sections last preceding, the 
shipper shall be fined not more than $200; the con- 
signee knowingly receiving such articles so shipped 
and transported in violation of said sections shall be 
fined not more than $200 ; and the carrier know- 
ingly carrying or transporting the same in violation 
of said sections shall be fined not more than $200. 



LIBRPRY OF CONGRESS 



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